Equine Law Blog | Foster Swift

Michigan Court of Appeals Issues Ruling That Passengers in Horse-Drawn Carriages Are Subject to the Equine Activity Liability Act

Julie I. Fershtman — Tue, 21 Oct 2025 09:00:01 -0400

A recurring issue since the passage of the nation’s 48 state Equine Activity Liability Acts (EALAs) has been whether these laws apply to horse-drawn carriage activities. Although EALAs differ across the country, most of them state that a “participant” in an “equine activity” has limited or no recourse against equine professionals, equine activity sponsors, or others if damage results from an “inherent risk” of equine activity. But does a passenger in a carriage or sleigh qualify as a “participant”? Yes, according to courts in the majority of states that have ...

Julie Fershtman Presents at the 2025 National Conference on Equine Law on Products Liability

Julie I. Fershtman — Mon, 27 Jan 2025 09:00:02 -0500

Julie Fershtman is speaking at the National Conference on Equine Law in Lexington, Kentucky on May 1, 2025. Her topic is Products Liability in the Equine Industry.

Webinar on Equine Law Essentials

Julie I. Fershtman — Tue, 15 Oct 2024 09:00:03 -0400

Foster Swift shareholder Julie Fershtman is a speaker in a national CLE webinar program titled “Equine Law Essentials: Liability, Risk Management, and Tax Strategies.”

Avoiding Disputes: Fershtman Presents Equine Liability Webinar for USHJA

Julie I. Fershtman — Tue, 04 Jun 2024 09:00:04 -0400

The United States Hunter-Jumper Association (“USHJA”) has asked Foster Swift shareholder, Julie Fershtman, to present a webinar on equine-related liability issues. Her first presentation is titled: “Understanding Equine Liability and How to Avoid Disputes with Insurers.”

Review Your Liability Insurance on Insurance Awareness Day

Julie I. Fershtman — Tue, 28 Jun 2022 09:00:05 -0400

June 28^th is National Insurance Awareness Day. Certainly, people in the equine industry may be aware that they have liability insurance, but they sometimes forget to assess whether they have the right insurance. National Insurance Awareness Day offers an annual reminder to review, understand, and update your insurance policies.

Latest Word on “Dangerous Land” Under State Equine Activity Liability Acts

Julie I. Fershtman — Mon, 28 Mar 2022 09:00:06 -0400

Courts nationwide have grappled with the meaning of equine activity liability laws – especially their exceptions. Exceptions in the laws are important as they could potentially allow certain lawsuits to proceed. Although all of the equine activity liability acts (referred to as “EALAs”) differ, many share common characteristics. Several include an exception for a “dangerous latent condition of the land.” This article explores how the exception has been faring in the courts.

Common Characteristics of Equine Sale Disputes—And Ways to Avoid Them

Julie I. Fershtman — Tue, 22 Feb 2022 09:00:07 -0500

Equine sales are on the upswing these days, and many believe we’re now in a seller’s market, with high prices and eager buyers. As a busy lawyer with over 35 years of experience, my phone rings frequently with calls from horse buyers or sellers who are considering a lawsuit or who have been threatened with one.

How Equine Professionals Can Avoid Payment Disputes and Handle Them Legally if They Occur

Julie I. Fershtman — Tue, 18 Jan 2022 09:00:08 -0500

Presented by Equestrian Professional, equine attorney Julie Fershtman will be speaking on How Equine Professionals Can Avoid Payment Disputes and Handle Them Legally if They Occur.

Equine Event Liabilities – Plan Ahead

Julie I. Fershtman — Tue, 11 Jan 2022 09:00:09 -0500

Your club or association wants to organize a horse show or clinic. These events, your group believes, will boost publicity, increase membership, and generate extra money. Usually the event is a success, leaving happy memories and satisfied participants. But sometimes, things can go wrong, such as:

Legal Ramifications of Providing Veterinary Advice Online

Julie I. Fershtman — Sun, 19 Dec 2021 09:00:10 -0500

What happens when people give veterinary or legal advice online – but they’re not even veterinarians or lawyers? In the horse industry, this is a surprisingly common occurrence.

Learn more by reading a new Horse Illustrated article on the subject, quoting our own Julie Fershtman: horseillustrated.com/veterinary-advice-online.